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So, in my judgment, the apprehension of the Senator from Connecticut that it is going to be injurious to the business of the country will prove to be unfounded; at least I hope and I believe so. I think every Senator will bear me out in saying that I have not been disposed to consent to anything going into this bill that was unreasonable, at least in my own judgment. As I said a moment ago, I would not have consented to the provision of the bill prohibiting pooling if I believed that it would bring upon the country that sort of trouble which the Senator from Connecticut indicates that he apprehends. Every one knows that the railroad companies themselves have finally become reconciled to some national legislation, because they have not been able to protect themselves, one from another, and I think that the provisions of this bill in relation to publicity, and the other provisions to guard against various wrong-doings on their part, will have very great force and effect in bringing about that sort of stability which it has been the ostensible purpose at least of pooling to secure.
I hope, myself, that when this bill comes up for consideration we shall have fair consideration of it, fair discussion of it, and I believe that the Senate, if it is going to agree to any bill at all on this subject, ought to take the conference report.
Every one knows that this question has been bandied about here from one Congress to another for many years, and Congress has never yet done anything on the subject. The Supreme Court of the United States, within the last two or three months, has made a decision which throws upon Congress the unquestionable duty of legislation regulating interstate commerce if we believe it ought to have any regulation. While the bill is not exactly as I wanted it, while it is not exactly the bill of the Senate, yet except as to the provision in regard to pooling it is practically the Senate bill, and I hope that Senators when the time comes for its consideration will allow the report to be concurred in.
Mr. ALDRICH. Mr. President, I wish to express my surprise that the chairman of the committee should refuse to accede to what seems to me the reasonable request of Senators, that this bill may go over and be set down for a day certain after the coming recess.
The proposition of the chairman of the committee is this, that this bill shall be printed, which will take at least until Friday, and then he proposes to call it up on Monday, which will give Senators one day to understand the elaborate and complex provisions of a bill affecting every person in the United States. It will give us twenty-four hours to consider the bill.
I do not propose at this time to discuss the bill, but I will say that so far as I understand the report its essential provisions are such as the Senate has refused to accede to, or they are propositions which have never been discussed in the Senate at all. That being true, it seems to me that in fairness to all the interests concerned the chairman of the committee should assent to having the bill set down for a day certain after the recess. As the Senator from Massachusetts has very well suggested there are a great many important interests to be considered; the representatives of those interests should have a right to see this billin print more than twenty-four hours, as well as the members of Congress, before we are called upon to vote on it.
Of course, I have no control over the action of the chairman of the committee, but it seems to me that he should not show what it seems to me is undue haste in a matter of this importance.
Mr. MCPHERSON. I should like to offer a resolution asking for papers.
The PRESIDENT pro tempore. This question has not yet been disposed of.
Mr. CULLOM. I hope it will be disposed of before other business is received.
Mr. SABIN. I desire to supplement the request and the statements of the Senator from Massachusetts and the Senator from Rhode Island in reference to this bill, and I appeal to the chairman of the committee to consent to the setting of a day after the recess, and that that day shall not be tixed sooner than at least four or five days or a week after the proposed recess of Congress. It will be impossible for me to be present here on Monday next, the day which he suggests, or to be present from that day until after the recess; and I presume there is not a constituency in this country that has more vital interests at stake in the provisions of this bill than the constituency in Minnesota which I have the honor in part to represent. I have already been flooded with telegrams from shippers and carriers asking for copies of the report of the con rence committee. I expect to see a number of those interested parties upon my visit to my home during the recess, and I wish to confer with them in reference to the provisions agreed on by the conterence committee. There probably has not been a bill before Congress for many years that has elicited a warmer and deeper interest from the business interests of the country than the bill which it is proposed to consider at the time that may, be fixed.
I appeal again to the chairman to fix a day, and make it at least a week after the reassembling of Congress on the expiration of the proposed holiday recess, which I presume will be taken.
Mr. CULLOM. There is only one motion before the Senate, Mr. President, and that is to lay on the table and print.
The PRESIDENT pro tempore. The Senator from Illinois moves that the report of the committee of conference be printed with the bill of the Senate, the amendment of the House, and the amendments now reported by the conference committee, in the order named, and that the report lie on the table.
Mr. MCMILLAN. What number of copies will be printed under the general motion ?
The PRESIDENT pro tempore. The question is on the motion of the Senator from Illinois (Mr. CULLOM).
The motion was agreed to.
Mr. CULLOM. I move now that 5,000 copies of the bill as reported from the conterence committee be printed for the use of the Senate.
Mr. ALDRICH. I would also suggest that the bill as reported be printed in the RECORD).
The PRESIDENT pro tempore. The motion to print the extra copies will be referred to the Committee on Printing.
Mr. ALDRICH. I suggest that the bill as amended be printed in to-morrow morning's RECORD.
The PRESIDENT pro tempore. The Senator from Rhode Island moves that the bill as amended be printed in the RECORD. Is there objection? The Chair hears none, and that order will be made.
The conterence report is as follows: The committee of conference on the disagreeing votes of the two Houses on the amendment of the House of Representatives to the bill (S. 1532) to regulate commerce, having met, after full and free conference have agreed to recommend, and do recommend, to their respective Houses as follows:
That the House recede from its amendment and agree to the bill of the Senate, with the following amendment thereto, in the nature of a substitute, and that the Senate agree to the same:
Strike out all after the enacting clause and insert the following: That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign comtry to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and earried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, howerer, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or haudling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
The term “ railroad” as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term “transportation" shall include all instrumentalities of shipment or carriage.
All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivery, storage, or handling of such property, shall be reasonable and just, and every unjust, unreasonable charge for such service is prohibited and declared to be unlawful,
SEC. 2. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carriersiall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.
SEC. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traflic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
Every common carrier subject to the provisions of this act sball, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.
SEC. 4. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the cominission appointed under the provisions of this act such common carrier may, in special cases, after investigation by the commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property and the commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.
SEC. 5. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.
Sec. 6. That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its railroad, as detined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, of at least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently inspected.
Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep for public inspection, at every depot where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, shall, before it is admitted into the United Sta es from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in contlict with this section is hereby repealed.
No advance shall be made in the rates, fares, and charges which have been established and published asaforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and The time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept for public inspection. Reductions in such published rates, fares, or charges may be made without previous public notice; but whenever any such reduction is made, notice of the same shall immediately be publicly posted and the changes made shall immediately be made public by printing new schedules, or shallimmediately be plain. ly indicated upon the schedules at the time in force and kept for public inspection.
And when any such common carrier shall have established and published its rates, fares, and charges, in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewithi, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
Every common carrier subject to the provisions of this act shall file with the commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said commission of all changes made in the same. Every such common carrier shall also file with said commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any tratlie allected by the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish oint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said commission, in so faras may, in the judgment of the commission, be deemed practicable; and said commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published: but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier party thereto to observe and adhere to the rates, fares, or charges thus made and published.
If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties berein prescribed, be subject to a writ of mandamus, to be issued by any circuit court of the United States in the judicial district
the principal office of said common carrier is situated or wherein such offense may be committed, and if such common carrier be a foreign corporation, in the judicial circuit wherein such common carrier accepts trafic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section; and such writ shall issue in the name of the people of the United States, at the relation of the commissioners appointed under the provisions of this act; and failure to comply with its requirements shall be punishable as and for a contempt; and the said commissioners, as complainants, may also apply, in any such circuit court of the United States, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several States and Territories of the United States, or between the United States and adjacent foreign comtries, or between ports of transshipment and of entry and the several States and Territories of the United States, as mentioned in the first section of this act, until such common carrier shall have complied with the aforesaid provisions of this section of this act.
Sec. 7. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time schedule, carriage in different cars, or by other meansordevices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act. SEC. 8. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be wwlawful, or shall omit to do any act, matter, or thing in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of ihe costs in the case.
Sec. 9. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any district or circuit court of the United States of competent jurisdiction ; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt. In any such action brought for the recovery of damages the court before which the same shall be pending may compel any director, officer, receiver, trustee, or agent of the corporation or company defendant in such suit to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company party to any such suit; the claim that any such testimony or evidence muy iend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used againt such person on the trial of any criminal proceeding.
Sec. 10. That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any aci, matter, or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this net, or shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of ine United States within the jurisdiction of which such offense was committed, be subject to a tine of not to exceed $5,000 for each offense.
Sec. 11. That a commission is hereby created and established, to be known as the interstate commerce commission, which shall be composed of five commissioners, who shall be appointed by the President, hy and with the advice and consent of the Senate. The commissioners tirst appointed under this act shall continue in office for the term of two, three, four, five, and six years, respectively, from the 1st day of January, A. D. 1887, the term of each to be designated by the President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Not more than three of the commissioners shall be appointed from